DINESH CHANDRA OLI Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS criminal appeal arises out against the judgment and order dated 16-04-1991 passed by the Sessions Judge, Pithoragarh in Sessions Trial no. 26 of 1990 State vs. Dinesh Chandra Oli and another u/s 302 I.PC.

(2.) THE brief facts of the prosecu­tion case, giving rise to the appeal, are that the accused/appellant Dinesh Chandra Oli (hereinafter called as ap­pellant) a contractor alongwith another accused Anand Ballabh Pande (a con­tractor) had some heated altercations with Pratap Singh on 14-09-1988 at about 8:30 p.m. The same enraged Pratap Singh and he slapped the appel­lant Dinesh Chandra. The appellant alongwith Anand Ballabh Pande left the betel shop belonging to one Trilok Singh and went to the house of Anand Ballabh Pande who was the tenant on the first floor of the betel shop, belong­ing to Trilok Singh. Pratap Singh chased Anand Ballabh and the appel­lant to that room in a fervid mood and after entering inside the room, as per the prosecution case, Dinesh Chandra­ appellant and another accused Anand Ballabh Pande caused murderous as­sault on the person of Pratap Singh. At the time of the assault, Dinesh Chandra was having bedpost and another ac­cused Anand Ballabh Pande was also having an iron rod in their hands and both of them, with their respective weapons, caused injuries on the person of Pratap Singh.

(3.) IN the morning of 15-09-1988, one Suresh Chandra Tewari informed Maha Singh, brother of the deceased, with regard to this fact that Pratap Singh was lying injured in the room be­longing to Anand Ballabh Pande. Maha Singh reached the place of occurrence and saw Pratap Singh was lying in an injured condition over there. Maha Singh thereafter, rushed to his village and informed about the condition of Pratap Singh to his brother Karam Singh who also went at the spot. Karam Singh thereafter, informed Smt. Saraswati W/o Pratap Singh who also reached at the place of occurrence.